OregonOregon law sets disability benefit rates for injured workers
For claims involving injuries on or after January 1, 2027, Oregon law calculates temporary and permanent total disability benefits using two wage levels.
What it does
Temporary total disability benefits are 75 percent of wages up to a set level and 65 percent of wages above it, subject to a cap and minimum payment.
Permanent total disability benefits are based on two wage levels, with a minimum and a cap; workers must also show reasonable efforts to find work.
Argument forWorkers with lower wages may receive a larger share of their wages while unable to work, which could help replace more lost pay.
Argument againstWorkers whose wages exceed the 75 percent threshold may receive a smaller share of those higher wages, which could leave them with less income.
More detail
The law calculates temporary total disability benefits using two wage levels. This formula applies to workers receiving temporary total disability benefits. The law pays 75 percent on wages up to 75 percent of the average weekly wage, and 65 percent on the portion above that level. Benefits cannot exceed 133 percent of the average weekly wage. The minimum is the lower of 90 percent of the worker’s weekly wage or $50. The formula applies to claims for injuries on or after January 1, 2027.
The law calculates permanent total disability benefits using two wage levels. This formula applies to workers whose injuries permanently prevent them from regularly doing suitable, paid work. The law pays 75 percent on wages up to 75 percent of the average weekly wage, and 65 percent on the portion above that level. Benefits cannot exceed 133 percent of the average weekly wage or fall below 33 percent of that wage. Workers must show they are willing to seek regular work and made reasonable efforts to find it. The formula applies to claims for injuries on or after January 1, 2027.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 6Effective date, January 1, 2027.Latest
- Apr 6Chapter 78, 2026 Laws.
- Mar 31Governor Tina Kotek signed.Became Law
- Mar 5Speaker signed.Major
- Mar 5President signed.Major
- Mar 3Third reading. Carried by Grayber. Passed.Passed House
- Vote recorded Third reading. Carried by Grayber. Passed. Result: pass.Lower
- Mar 2Second reading.Minor
- Feb 28Recommendation: Do pass.Minor
- Feb 27Referred to Ways and Means.Minor
- Vote recorded Third reading. Carried by Gorsek. Passed. Result: pass.Upper
- Feb 27First reading. Referred to Speaker's desk.Minor
- Feb 27Third reading. Carried by Gorsek. Passed.Passed Senate
- Feb 26Second reading.Minor
- Feb 26Recommendation: Do pass the A-Eng. bill.Minor
- Feb 25Work Session held.
- Vote recorded Heard and Reported Out. Result: pass.Legislature
- Feb 23Returned to Full Committee.
- Feb 23Work Session held.
- Feb 20Assigned to Subcommittee On General Government.Minor
- Feb 12Referred to Ways and Means by order of the President.Minor
- Feb 12Recommendation: Do pass with amendments and be referred to Ways and Means. (Printed A-Eng.)Minor
- Feb 9Work Session held.
- Vote recorded Heard and Reported Out with Amendments. Result: pass.Upper
- Feb 4Public Hearing and Work Session held.
- Feb 2Informational Meeting held.
- Feb 2Referred to Labor and Business.Minor
- Feb 2Introduction and first reading. Referred to President's desk.Introduced
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